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HomeMy WebLinkAboutPSA - Chamber of Commerce of St Joseph CountyAgreement By and Between The City of South Bend, Indiana and The Chamber of Commerce of St. Joseph County (Economic Development Functions) This agreement (this "Agreement") is made effective the&day of , 2017, 6 and between the City of South Bend, Indiana, a municipal col oration organized Y p p g under and operating pursuant to the laws of the State of Indiana ("City") and the Chamber of Commerce of St. Joseph County, Inc., a not -for -profit corporation organized under the laws of the State of Indiana ("The Chamber"). WITNESSETH WHEREAS, The Chamber serves the interests of the business community in St. Joseph County through progressive leadership, advocacy, and services and strives to be the premiere business association to influence economic, governmental, work force, and community issues for the benefit of the region's business environment; and WHEREAS, The Chamber is the Lead Economic Development Organization (LEDO) for St. Joseph County, Indiana, with responsibilities that include business attraction, business growth and retention, and various other business assistance activities; and WHEREAS, the City, has a desire to create an environment that is encouraging to entrepreneurs that seek to start a business, that breaks down barriers and facilitates growth of existing businesses in the City, and that welcomes new investments from outside the community; and WHEREAS, the City has determined that The Chamber is the ideal partner for assisting with the creation of that environment and with other local economic development efforts due to the Chamber's experience and expertise, including its knowledge of geography (urban, suburban, rural, border state, etc.), knowledge of local businesses; knowledge of local and regional economy; working relationship with local government; understanding of available incentives; ability to lobby for business concerns; strategic business relationships; and ability to make connections; and WHEREAS, the City and The Chamber desire to work together to maximize the resources of the two organizations; bring clarity, focus and direction to local economic development efforts; and help eliminate any duplication of effort, all aimed at growing and diversifying the local economy, retaining and attracting talent to the community, and stimulating growth in the City and within St. Joseph County, Indiana; and NOW, THEREFORE for and in consideration of the mutual covenants and promises contained herein, the City and The Chamber hereby agree as follows: 1 Section 1: Responsibilities of the City (a) The City is an important partner in the economic development process, and will perform functions including but not limited to identifying strategic growth areas, development of infrastructure to support business expansion and new business opportunities, build key growth assets, address local business climate obstacles, negotiate agreements and resolution on key development projects, monitor compliance with those agreements, and provide zoning and permitting assistance; and (b) The City agrees to provide funding to the Chamber in the amount of One Hundred Fifteen Thousand Dollars ($115,000) ("City Funds") for calendar year 2017. The funds shall be utilized by The Chamber, together with funding provided by private sector contributors and other government entities toward performing economic development functions within St. Joseph County; and (c) It is expressly understood by the Parties that City Funds received by The Chamber under this Agreement shall be used exclusively for economic development purposes to benefit the City; and (d) The City agrees that any media communications related to services provided under this Agreement shall be jointly approved by The Chamber and the City prior to release of such communication to the media; and (e) The City shall meet regularly with the leadership at the Chamber to help align priorities and communicate needed updates on key economic development opportunities. Section 2: Responsibilities of The Chamber (a) The Chamber agrees to provide a variety of responsibilities on behalf of the City, including, but not limited to functions such as lead identification, research, response, and follow-up; data source for key economic development information; organization of lead visits with city leaders; serve as "concierge" for prospects, helping them navigate city and agency processes; project management/ombudsman activities; secure available incentives; maintain database of available sites; identify strategic growth areas and obstacles; address local, business climate obstacles; develop local marketing strategies; and other responsibilities as identified by the two parties; and (b) Any employees carrying out the functions spelled out above or mutually agreed upon by the two parties will be employees of The Chamber and shall not be deemed an employee of the City and any persons in these positions shall report directly to the President & CEO of The Chamber; and (c) The Chamber has secured significant funding from the private sector and from other government entities for the purposes of providing economic development services on behalf of each of the entities in St. Joseph County. Those resources will be combined with the City Funds as spelled out in this agreement. The Chamber agrees to utilize the City funding amount for the 2 purpose of performing economic development functions on behalf of the City; and (d) The Chamber agrees not to discriminate in any manner prohibited by Federal, State, or local laws; and (e) The Chamber agrees to follow all appropriate Federal, State and Local laws as it relates to the performance of the functions enumerated in this agreement; and (f) The Chamber agrees to ensure that the expenditure of all City Funds is in full compliance with Federal, State, and local laws; and (g) The Chamber agrees that the input of the City is vital to the overall development and operation of the Chamber Economic Development effort and as such, the City shall be entitled to one seat on the governing board of the Chamber economic development effort, that seat being reserved for the Mayor of the City; and (h) The Chamber agrees that any media communications related to services provided under this Agreement shall be jointly approved by The Chamber and the City prior to release of such communication to the media. Section 3 Distribution of City Funds to The Chamber The Chamber shall invoice the City for payment of these services upon execution of this agreement. The City shall make each payment to The Chamber within 30 days of receipt of the invoice. Section 4 Employment of Individuals Performing Economic Development Functions As provided in this Agreement, any employees performing economic development functions as identified in this agreement or as mutually agreed by the parties shall at all times not be deemed to be employees of the City, nor an agent or representative of the City, and no act, action or omission to act by those employees shall in any way bind or obligate the City, except as specifically provided in this agreement. Section 5 Confidentiality A. Confidential Information. The Chamber acknowledges that information which the City regards as confidential or proprietary in nature ("Information"), may come to the knowledge of The Chamber during performance of this Agreement. The Chamber, its employees and agents, shall treat the Information as strictly confidential and agrees that it will not, at any time or in any manner, either directly or indirectly, use any Information for its own benefit, or divulge, disclose or communicate in any manner any Information to any third party without the written consent of the City. A violation of this Section 5 shall constitute a material breach of this Agreement. B. Confidential Information. The City acknowledges that information which the Chamber regards as confidential or proprietary in nature ("Information"), may come to the knowledge of The City during performance of this Agreement, The City, its employees and agents, shall treat the Information as strictly confidential and agrees that it will not, at any time or in any manner, either directly or indirectly, use any Information for its own benefit, or divulge, disclose or communicate in any manner any Information to any third party without the written consent of The Chamber. A violation of this Section 5 shall constitute a material breach of this Agreement. C. Compelled or Required Disclosure. The Chamber acknowledges and agrees that the City is a political subdivision of the State of Indiana and subject to the provisions of the Indiana Access to Public Record Act, I.C. § 5-14-3 et seq. ("APRA"), and further acknowledges that disclosure of some or all of the Confidential Information provided under this Agreement, or of this Agreement itself, may be compelled pursuant to that law. In the event the City is made a party to litigation or a proceeding arising out of the assertion of an exemption under APRA concerning The Chambers information, The Chamber will cooperate with the City in defending any such proceeding or litigation. Section 6 Reporting Re uirements A. Records, Communications. a. The Chamber shall maintain complete and accurate records and files pertaining to the projects on which The Chamber shall work pursuant to this agreement. The Chamber will make every reasonable attempt to satisfy any requests of the City's Executive Director of Community Investment or any other person designated by the City regarding the same, for information related to a specific company or project. b. The City shall maintain complete and accurate records and files pertaining to the projects on which the City shall work on in partnership with The Chamber pursuant to this agreement. The City will make every reasonable attempt to satisfy any requests of the Chamber's President & CEO or any other person designated by The Chamber regarding the same, for information related to a specific company or project. B. Point of Contact: The City hereby designates its Executive Director of Community Investment as the point of contact with the City for purposes of carrying out and interpreting the intent and purposes of this Agreement on behalf of the City. The City reserves the right to designate another individual as the point of contact with the City by designating such individual in writing delivered as other notices as provided herein. The Chamber hereby designates the President & CEO as the point of contact at The Chamber for purposes of carrying out and interpreting the intent and purposes of this Agreement on 4 behalf of the Chamber. The Chamber reserves the right to designate another individual as the point of contact with the Chamber by designating such individual in writing delivered as other notices as provided herein. C. Quarterly Reports: The Chamber shall be responsible for submitting timely quarterly reports to the City during the term of this agreement. Should the City require additional information in between quarterly reports, the Chamber will provide the information requested. The quarterly report shall include an overview of activities The Chamber is involved with related to the performance of the duties as outlined by the City. Those reports should include, but not be limited to the following: a. Business Retention and Expansion i. General update on key retention and expansion projects H. Update on number of business visits to local traded businesses. (annual goal 75) X. Update on the number of new jobs and amount of capital investment associated with proposed business expansion projects iv. Update on challenges local businesses are facing limiting expansion, and suggestions on how the community can improve on those conditions. b. Business Attraction i. General update on key business attraction projects ii. Update on key attraction information including the number of State leads responded to, including the number of South Bend properties submitted, the number of State leads where additional information is requested or a site visit is conducted; the number of other leads generated and responded to, including the number of South Bend properties submitted; as well as any other pertinent information on leads referred to the City of South Bend. In addition, information on the number of inquiries for demographic information related to the City of South Bend W. Update on efforts to attracted targeted industries, information on key industry trade shows attended, as well as other efforts to connect with company and real estate professionals. iv. Update on progress towards achieving the Grow SJC campaign goal (2014-20I7)of helping to attract 2000 new jobs either through attraction or business expansion. v. Update on information shared by prospects on why they have ruled out South Bend, and suggestions on how the community can improve on those conditions. E e. Talent Recruitment and Workforce Development i. Update on the number of students impacted by Chamber led education efforts ii. Update on the number of student profiles seeking intern opportunities in South Bend and the number of companies offering intern opportunities iii. Update on other efforts to improve educational outcomes in the South Bend Area d. Marketinz and communications i. General update on Marketing activities undertaken A Update on targeted marketing efforts related to targeted industries e. . General summary of other activities related to the performance of this contract. Section 7 Term of Agreement The Term of this Agreement shall commence upon execution of this Agreement by both parties, and will continue through December 31, 2017. The term of this Agreement may be extended by mutual written agreement of both parties for one (1) additional term of one (1) year commencing on January 1, 2018, and terminating on December 31, 2018. If the parties so extend this Agreement, all terms and conditions of this Agreement, including the amount of City Funds stated in Section 1(b) of this Agreement, will remain unchanged for calendar year 2018. This Agreement shall terminate if the Chamber and City do not mutually agree in writing by January 31, 2018, to extend this Agreement for calendar year 2018. Section 8 Indemnification The Chamber hereby agrees to defend, indemnify, and hold free and harmless the City, its agents and employees form any and all claims of any nature which may be brought by any person or entity pertaining to, arising out of or in connection with the performance of this Agreement by The Chamber, excepting for claims arising out of the willful and deliberate acts of the City, its agents or employees. Similarly, the City hereby agrees to defend, indemnify, and hold free and harmless The Chamber, its agents and employees form any and all claims of any nature which may be brought by any person or entity pertaining to, arising out of or in connection with the performance of this Agreement by the City, excepting for claims arising out of the willful and deliberate acts of The Chamber, its agents or employees. Section 9 Default If The Chamber fails to comply with any of the terms or conditions of this Agreement, the City may terminate this Agreement. Any future funding from the City to C. The Chamber may also be affected if The Chamber fails to comply with any term or condition of this Agreement. If the City fails to comply with any of the terms or conditions of this agreement, The Chamber may terminate this Agreement without refund of any of the dollars received from the City and any future partnership with The Chamber will be affected. Section 10 Notices All notices or other communications which are required or permitted under the terms of this Agreement shall be sufficient if delivered personally or by U.S. Mail, postage prepaid to the following: City: Mayor Pete Buttigieg City of South Bend 227 W. Jefferson Blvd., 1400 County -City Building South Bend, IN 46601 with a copy to: Corporation Counsel City of South Bend 227 W. Jefferson Blvd., 1400 County -City Building South Bend, IN 46601 Section 11 Entire Agreement The Chamber: Jeff Rea, President & CEO The Chamber of Commerce of St. Joseph County 401 E. Colfax, Suite 310 South Bend, IN 46617 This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of every and any nature between them, Section 12 Law Governing This Agreement shall be construed, interpreted and enforced according to the laws of the State of Indiana. Venue for any action shall be St. Joseph County, Indiana. The City and The Chamber agree to follow Federal, State and Local law in the administration and execution of this agreement. Section 13 Assignment This Agreement may not be assigned by either Party without the express written consent of the other Party. Section 14 Amendment 7 L. INA 29 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date May 12, 2017 Department Community Name Beth Leonard Inks Investment BPW Date May 23, 2017 Phone Extension 9330 Legal x Attorney Name Ben Dougherty Controller ElController review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ x Agreement LJ Contract H Proposal U Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control n Other: Company or Vendor Name Chamber of Commerce of St. Joseph Count New Vendor ❑ Yes x No ❑ If Yes, Approved by Purchasing MBENVBE Contractor ❑ MBE ❑ WBE MBENVBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Economic Development functions Project Number None Funding Source Economic Development Income Tax Account No. 408-0401-415-39.30 Amount $ 115,000 Terms of Contract Thru 12/31/17 Purpose/Description Identifying economic development leads for the City ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verif ,Iran, etc. Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ x Jeff Rea, Chamber of Commerce ❑ x Beth Leonard, Community Investment ❑ ❑